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(영문) 인천지방법원 2018.03.15 2017고단9484
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

[criminal records] The Defendants were sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court on December 24, 2015, and the judgment became final and conclusive on April 17, 2016. Defendant A was sentenced to six months of imprisonment for fraud on August 10, 2016, and the judgment became final and conclusive on August 18, 2016.

[ criminal facts] Defendant B was a person who leased the deposit of KRW 100 million and monthly rent of KRW 4 million from the E Syna in Seo-gu Incheon, Seo-gu, Incheon. Defendant B was a person who tried to operate the E Syna with B through B.

Defendant

B lack of ability to pay the above deposit. On September 2, 2014, the obligation of KRW 120 million to G, the unpaid amount of KRW 40 million, the unpaid amount of the deposit, KRW 50 million, rent, and electricity tax were delayed, and the test cost continued to be insufficient. The situation where it is difficult to open E private by December 2014 due to the lack of the nominal owner of the business permit from H, and even if the business permit did not have the intent or ability to operate within the agreed time limit even if the deposit was received, Defendant A, at the above private office or office around October 2, 2014, intended to receive the deposit first, to use the deposit, and Defendant B, at the above private office, was the lessee of KRW 120 million, Defendant B introduced the contract of KRW 40,000,000,000,000,000,0000,000,000,000,000,000.

6. It received a total of KRW 20 million from the Saemaul Depository Account (Account Number J) in the name of Defendant A, including KRW 10 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. A real estate lease agreement, details of transactions, and process deed;

1. Previous convictions: inquiries about each criminal history, the sentence of the Incheon District Court 201 High Order 2295, the sentence of the Incheon District Court 2012 No. 150, the sentence, and the sentence.

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